Bombay High Court
SATISH BAJIRAO PEKHALEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail was granted to the applicant subject to specified conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Satish Bajirao Pekhale, who was arrested in connection with a murder case (CR No.239 of 2025) and charged under Sections 1103, 109, 3(5) and 238 of the Bharatiya Nyaya Sanhita, 2023 and Section 142 of the Bombay Police Act, 1951. The prosecution’s case relied on a witness statement placing the accused at the scene, but the statement attributed the actual assault only to Accused No.1, who had already been released on bail. No weapon or other incriminating material was seized from the applicant. The court applied the principle of parity, noting the lack of direct evidence against the applicant, and therefore found no justification to deny bail. Consequently, the court granted bail subject to a cash bond of Rs.25,000 and a series of reporting and conduct conditions. The order expressly limited its observations to bail considerations, reserving the trial to determine guilt on the merits.
Issues considered
- Whether bail should be granted to Accused No.2 under Section 483 of the BNSS given the nature of the allegations and the absence of material evidence against him
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 1103, 238, 3(5)
- Bombay Police Act, 1951 — s. 142
Subjects
- bail
- criminal procedure
- presumption of innocence
- witness testimony
- conditions of bail
- Indian criminal law
- BNSS
- BNS
Judgment
10.BA.3539.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3539 OF 2026
Satish Bajirao Pekhale .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Jinay Jain, Advocate i/by SRK Legal for Applicant.
Ms. Rajeshree V. Newton, APP for Respondent – State.
Mr. S.S. Sanap, Nashik Road Police Station present.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 22, 2026.
P.C.:
1. Heard Mr. Jain, learned Advocate for Applicant and Ms.
Newton, learned APP for Respondent – State.
2. This is an Application under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in
connection with C.R.No.239 of 2025 registered with Nashik Road
Police Station, District Nashik for offences punishable under Section
1103, 109, 3(5) and 238 of the Bharatiya Nyaya Sanhita, 2023 (for
short ‘BNS’) and Section 142 of the Bombay Police Act, 1951. The
First Information Report is filed on 02.05.2025 and Applicant came to
be arrested on 19.04.2026.
3. Applicant is arraigned as Accused No.2. There are total three
accused persons. The case of the prosecution is based upon a general
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10.BA.3539.2026.doc
allegation that the accused persons have assaulted and allegedly
murdered the deceased victim. Applicant before me is Accused No.2
and he is indicted on the basis of a witness statement, copy of which is
appended at page No.90 which states about the presence of accused at
the scene of crime.
4. The act of assault, according to the same witness is
attributed only to the Accused No.1 who has already been enlarged on
bail by this Court previously. No weapon or any other incriminating
material has been seized or recovered from the Applicant before me.
5. In that view of the matter, applying parity to the case of the
Applicant, Applicant is released on bail.
6. Hence, in view of above prima facie observations and
findings, Bail Application of Applicant is allowed subject to the
following terms and conditions:-
(i) Applicant – Satish Bajirao Pekhale is directed to be
immediately released from prison in connection with
CR. No.239 of 2025;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five
Thousand only) with one or two sureties in the like
amount;
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(iii) Applicant shall report to the Investigating Officer at
Nashik Road Police Station, once every month, on the
first Sunday of the month between 10:00 a.m. to 12:00
p.m. until commencement of trial and thereafter shall
attend all dates of hearing before the Trial Court;
(iv) Applicant shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicant shall not seek
unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current residential address and mobile telephone
number and shall forthwith inform the Investigating
Officer of any change in his residential address or
mobile telephone number, as and when such change
occurs; and
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(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
7. It is clarified that the observations made in this order are
limited for the purpose of granting bail only and I have not made any
observations on merits of the case. The trial shall be adjudicated on
the strength of the evidence led and strictly on its own merits being
uninfluenced with any of the prima facie observations made
hereinabove in this order.
8. Bail Application is allowed and disposed in the above terms.
[ MILIND N. JADHAV, J. ]
AjayDigitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date:
2026.09.22
19:42:07 +0530
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